Korpa v. Stuyvesant Life Insurance

Concurring Opinion by

Spaeth, J.:

I agree with the majority that the compulsory non-suit was correctly granted against appellant Mildred Korpa in her cause of action against appellee Stuyvesant Insurance Company. I also agree that the compulsory nonsuit was incorrectly granted against counterclaim appellant Stuyvesant, and that the case should be remanded for further proceedings. Upon remand, however, I would instruct the court below to permit counterclaim appellee Korpa to amend her reply to Stuyvesant’s counterclaim.

Paragraphs 24 and 25 of Stuyvesant’s counterclaim read as follows:

“24. On or…